Orozco-Borboa

MEMORANDUM **

Francisco Javier Orozco-Borboa appeals from his concurrent sentences of 135 months incarceration, on each of two counts, following his guilty plea to conspiring to possess more than five kilograms of cocaine with intent to distribute, and possessing cocaine with intent to aid and abet in its distribution. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Orozco objects to the district judge’s failure to grant him a mitigating role downward adjustment under U.S.S.G. § 3B1.2 or an aberrant-behavior downward departure under U.S.S.G. § 5K2.20. We affirm the sentence.

U.S.S.G. § 3B1.2 allows for a decrease of between four and two levels when a defendant “was a minimal participant in any criminal activity,” or “was a minor participant in any criminal activity.” Orozco contends that he is entitled to a mitigating role downward departure because his participation in an extensive drug tunnel conspiracy was limited to renting a “stash” house.

The district judge explained that she declined to grant a minor or minimal role reduction because of the “extremely large quantity of cocaine” (200 kilograms) that the organization entrusted to Orozco, because Orozco accepted the…